Question map
The two provisions of the Constitution of India that most clearly express the power of judicial review are:
Explanation
The power of judicial review in India is most clearly expressed through Articles 32 and 226 of the Constitution. Article 32 guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights, empowering it to issue directions, orders, or writs [3]. This provision is described as the 'constitutional remedy' and the 'cornerstone' of the Constitution [4]. Similarly, Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights and for 'any other purpose' [1]. Together, these articles allow the judiciary to supervise the legislative and executive branches, ensuring they abide by the Constitution and do not exceed their authority [1]. While Article 13 provides the substantive basis for judicial review by declaring laws inconsistent with Fundamental Rights as void, Articles 32 and 226 provide the procedural mechanism and jurisdiction for the courts to exercise this power [1].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > CONSTITUTIONAL PROVISIONS FOR JUDICIAL REVIEW > p. 298
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > CONSTITUTIONAL PROVISIONS FOR JUDICIAL REVIEW > p. 298
- [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 152
- [1] https://www.mcrhrdi.gov.in/crashcourse/presentations/SG%2008%20-%20Artcile%2032%20&%20226.pdf